Can my husband use adultery against me during a divorce to take my kids?

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Can my husband use adultery against me during a divorce to take my kids?

Asked on November 14, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 12 years ago | Contributor

California is a no-fault state with regard to divorce.  So, in CA adultery etc. is irrelevant to the divorce process.  As far as custody is concerned--it is only relevant if that conduct somehow endangered or affected the children.  So--if you go to court and he tries to get into this arena--you or your attorney needs to object on relevance grounds..and it will most likely be sustained--excluding that evidence.

Best of luck.


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